General Terms and Conditions and Distance Selling Information
§ 1 Seller/Scope of application
The Seller and your contracting partner is 4little GmbH (bellybutton online), represented by their managing directors Florian Henneka, Harald Hepperle,
Wilhelm-Schickard-Str. 7, 72124 Pliezhausen, registered at the local court Amtsgericht Stuttgart HRB 73 42 49, USt-IdNr. DE272289225, Tel: +49 (0)40 - 548068-0, Fax: +49 (0)40 - 548068-79 VAT ID no. DE272289225, Tel: +49 (0)40 - 548068-0, Fax: +49 (0)40 - 548068-79, firstname.lastname@example.org, (herein after bellybutton). The business relations between you and bellybutton are subject exclusively to the General Terms and Conditions set out herein-below in the version that is in effect at the time of placing the order. bellybutton does not accept or acknowledge any deviating or contrary terms and conditions of the Ordering Party, unless we expressly agree to their applicability in advance in writing.
§ 2 Conclusion of contract / contractual language and text
All offers are subject to change. An order constitutes an offer to us to conclude a purchase contract („Your Contractual Declaration“).
If you purchase on the Internet under www.bellybutton.de, we provide detailed information on our „Help page“ under the menu option „Order process: How to order at bellybut-ton?“ on how to select the goods presented on our product display page, how to place them in the „Basket“ and how to place an order. Entry errors can be corrected in the basket by deleting the check marks placed beside the products or by clicking the button „Delete all goods ticked“, before completing the order process. By clicking the button „Send order“ on the last page of the online order form under „Order“, you make a binding offer for the conclusion of a purchase contract relating to the items you placed in your basket.
A purchase contract is concluded no earlier than upon delivery of the goods.
The contract is concluded in the German language, and for orders placed at www.bellybuttoninternational.com the English language is available, too. The wording of the contract (your order data and these present General Terms and Conditions) is saved by us and transmitted to you together with the delivery of the goods, at the latest. The General Terms and Conditions are accessible at all times at www.bellybutton.de and/or www.bellybuttoninternational.com.
§ 3 Limitations on offers
We do not offer products for sale to underage persons. Likewise, our products for children may be purchased by adults only. Our items are sold to customers who buy from us for purposes that are not attributable to their commercial or self-employed professional activity (consumer as defined by Sect 13 BGB (German Civil Code)) only in standard household quantities.
§ 4a Legal notice on consumers’ right of revocation
If you are ordering as a consumer you are entitled to the following cancellation rights in accordance with the following notice:
Legal notice on the right of revocation
Right of revocationt
You may revoke your Contractual Declaration within a 14 day period without reasons in text form (e.g. letter, facsimile, email), or – if the item is delivered to you prior to the end of the period – by sending the item back. The period commences upon receipt of this notification in text form, however not prior to the receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not prior to the receipt of the first partial delivery), and not before fulfilment of our duty to provide information pursuant to Art. 246 Section 2 in conjunction with Section 1 (1) and (2) EGBGB, and our duties under Section 312g (1) Sentence 1 BGB in conjunction with Art. 246 Sect ion 3 EGBGB. The timely dispatch of the notice of revocation or the goods shall be sufficient for observance of the revocation period. The notice of revocation shall be addressed to:
Return address from Mai 2015:
Logistic Center Kids-Fashion Group
bellybutton ONLINE Retourenlager
End of the notice on revocation
When are returns free of charge?
Your return is free of charge when (only valid in Germany):
- You have received the wrong item, or the item is damaged or faulty. If this is the case, you are able to return the item free of charge, regardless of the value of your order.
- You have revoked the purchase of an item within 14 days under the right of revocation, and the price of the article you are returning is more than €40.
Remark: The sum of €40 refers to the individual items that are to be returned, and not the total value of the return. For more information regarding the right of revocation, see Paragraph 4a on this page.
- The value of your purchase, excluding delivery costs and VAT, is more than €40. The returns sticker is enclosed with your order. Please attach the sticker to the package that is to be returned - this automatically ensures that your return is free of charge.
When are returns not free of charge?
For orders of less than or exactly €40, you must pay the cost of returning the item yourself, regardless of whether you are returning the whole order or only part of it. A returns sticker is therefore not enclosed with orders of €40 and under. Returns from abroad are subject to the contents of paragraph 4 – customers pay the postal charges themselves when returning items from abroad.
In which cases may I not exchange an item?
Please note that custom-embroidered items are exempt from the exchange policy since we produce these according to your individual preferences. Exception: this of course does not apply to items that are damaged or defective. In this regard, a false/falsely spelt name, wrong colour or incorrect text are no grounds for exchange, since you select and submit these options yourself. Please carefully review the information in your order before submitting.
§ 4b Returns from other countries/Contact points for queries relating to returns
In the case of returns from foreign countries, the Customer shall bear the return postage.
For queries please contact our customer service centre monday - friday from 10.00 a.m. up to 6 p.m.:
Hotline Germany: 0800 235 59 97 (for free from German network)
International Hotline: + 49 (0) 180 5 88 55 81(providers charges may vary)
§ 5 Delivery address/Reservation of delivery of goods from our supplier
We deliver to the designated delivery address. The delivery address may differ from the invoice address. In this case, cash-on-delivery orders are excluded. The invoice address must contain the home address of the Ordering Party. A packing station or a P.O. box may not be named as invoice address. Packing stations or P.O. boxes may only be named in the delivery address. Our delivery obligation is subject to the reservation of timely and proper delivery of the goods by our supplier, if, prior to concluding the contract with you, we ordered a quantity of the goods from our pre-supplier that as a minimum is the equivalent of the amount ordered by you, and if our pre-supplier fails to supply the goods through no fault of our own. In the case of the non-availability of the goods, we will notify you, and refund any consideration already paid, without undue delay.
§ 6 Payment/Prices/Shipment costs/Delivery times
You can pay for your goods using your choice of invoice, direct debit, credit card, and (in Germany only) by cash on delivery.
Should you decide to use the latter form of payment, a supplemental COD fee of 2 Euros shall be charged and is to be paid directly to the consignor (DHL) upon receiving the package.
bellybutton reserves the right to allow only certain forms of payment according to the results of the address check and credit assessment.
Should you decide to pay by invoice, the amount of the invoice is due 14 days following the receipt of goods. If you have already returned individual articles from an order, the indicated invoiced amount can be reduced according to the price of the goods that have been sent back.
Paid COD fees cannot be reimbursed even in the case of a return of goods.
Should you choose to pay using direct debit or credit card, your account shall immediately be charged the invoiced amount upon the shipment of goods or, for foreign orders, on the day of the shipment. An adequate amount of funds must be in this account at the time of placing the order. Any costs that might arise owing to a reverse debit of the invoiced amount (reverse debit fee) shall be paid by the customer. All prices include the statutory value added tax (VAT/MwSt.).
Should you fall into default upon payment, bellybutton shall have the right to charge a penalty fee of 5 Euros. In the case of a delay in payment, the customer additionally commits themselves to reimbursing all of the costs that might arise for the collection of the open claim, including the reimbursement duties, the default interest at the legally allowed rate, expenses, costs for the debt collection (including the costs of a licensed collection institute and a contracted lawyer) and handling charges.
All prices include the statutory value added tax (VAT/MwSt.). The amount of the additionally accruing delivery costs and our delivery times can be found in the following overview:
download as pdf (36 KB)
§ 7 Reservation of title
Ownership of all goods shall remain with us until full payment of the invoice amount, including all additional costs. The Buyer may use the goods within the usual course of business, however he/she may neither pledge or mortgage them nor assign them to a third party as security.
§ 8 Use of customer data/consent to creditworthiness check
All personal data will be treated with strict confidence.
Your customer data including your name, surname, birth date, billing and delivery address, e-mail address as well as your debit and credit card data shall be processed and used by bellybutton for the purposes of executing orders and payment processes. In addition, we use your data in order to contact you with information about your orders, to update our datasets and to maintain your customer account with us.
For the purposes of the address check and credit assessment, you expressly agree to the transfer of your personal data to Creditrevorm Boniversum GmbH, Hellersbergstrasse 11, 41460 Neuss, from whom we acquire information about your previous payment behaviour and your credit record on the basis of a mathematic-statistical procedure (score value).
The data handling process shall consider any matters of confidence that you might have according to the relevant legal provisions.
Under the provisions of the Federal Data Protection Act you are entitled to demand that data relating to your person is disclosed to you, and that it be rectified, blocked, or deleted, free of charge. Our comprehensive data protection policy is available under Dataprotection.
§ 9 Claims based on defects/Liability
In the case that the goods are defective at the time of delivery, you may initially demand subsequent performance under the statutory provisions. If subsequent performance fails, you are entitled at your discretion to either reduce the purchase price or withdraw from the contract.
Your claims for damages are subject to the following provisions:
We are liable without limitation under the statutory provisions for any injury to life, the body, or health, caused by a wilful or grossly negligent breach of obliga-tions.
We are liable for property damage and financial loss if caused through our wilful intent or gross negligence.
If we breach a primary contractual obligation or a cardinal obligation, i.e. an obligation the fulfilment of which is essential to the due and proper performance of the contract and on the observance of which you may regularly rely, we shall be liable for damage to property and financial loss even in cases of slight negli-gence. The same applies if you are entitled to compensation of the damage instead of performance.
In the event of a breach of a primary contractual obligation or a cardinal obligation through slight negligence, our liability is limited to the foreseeable damage that is typical for the contract.
The above limitations of liability shall also apply if incidentally we are unable to deliver at a time at which we are in default, or at which you raise other claims, in particular on the grounds of tort or a claim for reimbursement of expenses instead of performance. They shall not apply if we have given a warranty or are liable under the Product Liability Act.
For the rest, our liability is excluded. In the event that we are liable, or our liability is limited or excluded, this shall apply likewise to damage caused through breaches of our employees’, workers’, staffs’, representatives’, and auxiliary persons’ obligations.
§ 10 Disposing of packages
We are obliged under the provisions of the German Packaging Regulation (Verpackungsverordnung) to take back the packaging of our products that does not bear the symbol of a nationwide disposal system (e.g. „Grüner Punkt“ of Duales System Deutschland AG or the „RESY“ symbol), and to arrange for it to be recycled or disposed of. For more information on packing returns, please contact our customer service centre under the international hotline tel. +49 180/5 88 55 81 (Providers charges may vary.)
§ 11 Copyright
Copyright bellybutton International GmbH. All rights reserved. Texts, images, and other works, displayed on our website and in our catalogues are subject to copyright protection and other industrial property rights and legislation. The utilisation, exploitation, in particular copying and dissemination, of single or several protected contents of our web-site/catalogues, and their public reproduction for commercial reasons, is prohibited unless we have granted our express prior written approval.
§ 12 Place of jurisdiction, applicable law
If the Ordering Party is a merchant, the place of jurisdiction is our registered office in Stuttgart. German law applies. This choice of law only applies to consumers insofar as they are not thereby deprived of the protection afforded to them by the mandatory rules of the state in which they have their habitual residence. The UN Convention on Contracts for the International Sale of Goods is excluded.